What Can Make a Search Warrant Invalid?

When police want to search a home, vehicle, or other private property, they typically need to obtain a search warrant first. This warrant is a legal document issued by a judge that authorizes police to enter a specific location to look for evidence of a crime. However, not all search warrants are valid. If police do not follow proper procedures when applying for and executing a warrant, defense lawyers can often get the resulting evidence thrown out of court. This article will discuss common reasons a judge may rule a search warrant invalid.

Problems with the Warrant Application

To get a search warrant, police must submit an affidavit to a judge providing probable cause that evidence of a crime will be found in the place to be searched. Probable cause means there is a reasonable basis to believe the search will turn up contraband or proof of illegal activity. The affidavit must lay out specific facts justifying this belief – the judge cannot rely on evidence that was only communicated verbally.

If the affidavit contains lies, omits important details, or relies on stale information from long ago, a judge may determine it does not establish probable cause. For example, if the police claim an anonymous informant saw drugs in the house but fail to provide any evidence backing up the informant’s reliability, the warrant could be invalidated.

Police also cannot use illegally obtained evidence to demonstrate probable cause in a warrant application. So if officers trespassed onto private property and discovered something there, they typically can’t use that knowledge to get a search warrant later on.

Problems with the Warrant Itself

Assuming the application passes muster, the resulting search warrant must still meet certain requirements to be valid. First, the warrant needs to clearly identify the specific place to be searched and items to be seized. Language like “evidence of criminal activity” is too vague.

The warrant also must be signed by a judge and indicate the date and time it was issued. And there are limits on when officers can execute a warrant – typically between 6 AM and 10 PM, unless the judge authorizes another time.

Finally, the warrant is only good for a specific window, often 10 days or less. If police wait too long to carry out the search, the warrant expires and is no longer valid. This helps ensure the information supporting probable cause is not stale.

Issues During the Search

Even if police dot every “i” and cross every “t” in applying for and obtaining a warrant, issues during the search itself can still invalidate the warrant. Officers must strictly limit their search to the areas and items listed in the warrant. If they start opening drawers or digging through spaces not authorized, anything found gets excluded.

Additionally, police are required to present the warrant and give a copy to the occupants before starting their search when feasible. If officers fail to do this, a judge may suppress the fruits of the search on procedural grounds.

Getting Evidence Thrown Out

If your attorney can show a search warrant was invalid for any of the reasons above, the prosecution cannot use the resulting evidence against you in court. This could result in charges being dropped completely if the illegal search produced the only evidence. At a minimum, it weakens the government’s case and provides leverage to secure a better plea deal.

But don’t expect the police and prosecutors to admit a search was unlawful on their own. You need an experienced criminal defense lawyer fighting on your side to vigorously investigate the warrant and identify any defects. Then your attorney can file a motion to suppress the evidence, often leading to a favorable outcome.

Conclusion

Search warrants provide crucial protections against unreasonable government intrusion. But they must be obtained and executed properly to be valid. If police cut corners anywhere in the process, an invalid warrant may provide grounds to get damning evidence barred from your trial. Don’t let an illegal search railroad you – hire a lawyer to closely scrutinize the warrant. Your freedom could depend on it.